BW Legal - Letter OF Claim for Parking infraction

rufiotgl

Hi All

So having spent allot of my weekend reading other peoples very useful posts, and the extremely helpful noobies thread, i think iv pretty much got a good idea of what im doing, but would like to double check and get everyones two pence on the matter.

So, long and short of it, i received 2 letters from BW Legal about 2 parking tickets i apparently received in September 2018. These were issued by property and parking management (IPC member).

I have never seen these parking tickets and can only think that my partner who i used to share my car with, actually got the tickets. The letter was sent to an old address that the car was registered to, but i still have a connection to the address. Anyway, i ignored the letters thinking they may go away, but have now got the LOC and a threat of a CCJ if i dont pay.

Please see the link (hxxps://imgur.com/a/8QHhm5y) to letter i received from BW legal along with my intended response below. I need to get this sent off either today or tomorrow as response date is by the end of the week.

Many thanks for all your help.


My Letter to BW Legal.

Please note that the address you are corresponding with is incorrect, and all further communication should be sent to the above address. Please ensure both yourself and your client update their records accordingly. If you proceed to a claim issued against a previous address, I will move to have the claim struck out and costs awarded, as you will have knowingly used an address not for service. You will be held liable for all costs.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Please provide the following.

1. An explanation of the cause of action.
2. Whether they are pursuing me as driver or keeper.
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated.
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Provide a copy of the contract with the landowner, under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”.
7. A plan showing where any signs were displayed.
8. Details of the signs displayed (size of sign, size of font, height at which displayed).
9. Provide details of the original charge, & detail any interest/administrative or other charges added.
10. Provide a copy of the Information Sheet and the Reply Form.
11. Evidence of PCN issue.
12. All data held as to the person contacted & the 2 above cases.

Until you & your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it as this is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Should you fail to respond within 30 days, I shall assume the case has been dropped and you are no longer intending on proceeding any further. Any further correspondence received after 30 days of the dating of his letter, shall not be responded to.

Kind Regards

Coupon-mad

https://imgur.com/a/8QHhm5y

Why are you trying to send the really old 2017 template that the NEWBIES thread tells you not to send? I hate 'rebuttals' like that! It's pointless - gets you NOWHERE.

Send the SAR the NEWBIES thread tells you to, and not to BW Legal.

Also tell PPM about your new address and demand that they search for any PCNs against the car and consolidate them into one claim, instead of trying a claim against just one PCN, then another near-duplicate claim later on, which would be evidence of harassment and unreasonableness, as well as an abuse of the court process.

Then of course do what the NEWBIES thread tells you and tell BW about the above comms with their client and tell BW Legal you are 'seeking debt advice' (because those magic words buy you the 30 days you need to get the SAR data back, so you can see the PPC's hand in terms of all the photos of the car, and all those letters you threw away).

Interesting that PPM have binned off Gladstones solicitors for this claim, and are trying equally useless BW Legal, in the hope of different outcomes!